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Wk1 1 u.s. legal system
 

Wk1 1 u.s. legal system

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    Wk1 1 u.s. legal system Wk1 1 u.s. legal system Presentation Transcript

      • MANAGERIAL APPROACH
      • AMERICAN LEGAL SYSTEM I
      • WRAP-UP
      • CHECKS & BALANCES: 3 BRANCHES
        • Executive branch
        • Legislative branch
        • Judicial branch
      • CHECKS & BALANCES: 3 BRANCHES
        • Executive branch:
          • Who: President and governors
          • What: Enforce laws; request legislation
        • Legislative branch:
          • Who: Congress and state legislatures
          • What: Enact new laws and amend existing ones
      • CHECKS & BALANCES: 3 BRANCHES
        • Judicial branch:
          • Who: Federal and state courts
          • What: Interpret laws
    •  
      • CHECKS & BALANCES
        • LAW MAKING & INTERPRETATION: EXAMPLE #1
          • Congress: Enact “National Labor Relations Act”
          • Admin. agency (NLRB): Promulgate Agency regulations according to the Act
          • Federal & state courts: Case law (decisions)
      • CHECKS & BALANCES
        • PROCESS OF MAKING & INTERPRETING LAW: EXAMPLE #2
          • Congress: Enact “Americans with Disabilities Act”
          • Admin. agency (EEOC): Promulgate agency regulation
          • Federal & state Courts: Case law (decisions)
      • U.S. COURT SYSTEM (DUAL)
        • State courts: Trial court, appellate court, highest state court (mostly “Supreme Court”)
        • Federal courts: Trial court (Federal District Court), appellate court (Federal Circuit Court of Appeals), highest court (U.S. Supreme Court)
      • U.S. COURT SYSTEM
        • EXAMPLE #1: STATE COURT SYSTEM (CT)
          • Trial: Superior Court
          • Appellate: Court of Appeals
          • Highest: Supreme Court
      • U.S. COURT SYSTEM
        • EXAMPLE #2: STATE COURT SYSTEM (OH)
          • Trial: Court of Claims & Common Pleas
          • Appellate: Courts of Appeals
          • Highest: Supreme Court of Ohio
      • U.S. COURT SYSTEM
        • EXAMPLE #3: 6 th Circuit
          • Trial: Federal District Court of Northern Ohio
          • Appellate: Courts of Appeals (Cincinnati)
          • Highest: U.S. Supreme Court
      • WHAT TRIAL COURTS DO
        • Early decision before discovery or full trial
          • Summary judgment
          • Preliminary injunction
        • Find facts (evidence) of case
      • WHAT APPELLATE COURTS DO
        • Affirm: Uphold decision of lower court
        • Reverse: Losing party becomes winner
        • Remand: Send the case back to the lower court with instructions how they must reexamine it
      • WHAT THE HIGHEST COURT DO
        • Discretionary jurisdiction
          • Can choose cases to hear
          • Certiorari: Determines whether the Supreme Court reviews a case
        • Decides legal error only (not factual issues)
        • Court of last resort: U.S. Supreme Court
          • Case of big implications only
          • State Supreme court cases can go to the U.S. Supreme Court
      • TYPE OF CASE: CRIMINAL CASE
        • Prosecute suspects charged with a crime against people (= the state)
        • Right to jury trial (always)
        • Must prove guilt beyond a reasonable doubt
      • TYPES OF CASE: CIVIL CASE
      • Cases of a noncriminal nature (e.g., contract dispute, employment discrimination, torts)
      • May proceed with a jury, or without a jury
      • Must prove the case by a preponderance of evidence (= likely than not)
      • JURISDICTION
        • A court’s power to hear & enforce the case
        • Why limiting jurisdiction  Due Process (U.S. Constitution, “fundamental fairness”)
      • JURISDICTION: TWO TYPES
        • Personal jurisdiction: The person must have enough relationship with the state where the court sits (“minimum contact”)
        • Subject matter jurisdiction: The kind of case that can be heard by the court
      • FEDERAL COURT’S JURISDICTION
        • 1 st type: Federal law cases
        • 2 nd type: A dispute between parties from different state with amount of controversy over $75K (“diversity jurisdiction”)
      • STATE COURT’S JURISDICTION
        • May hear both federal & state law claims
        • Defendant in a civil action may move the case to federal court of the region
    •  
      • ANATOMY OF COURT PROCEEDINGS: HOW A TRIAL ENDS
        • Early dismissal
            • Summary judgment
            • Dismissed for failure to state a claim
      • ANATOMY OF COURT PROCEEDINGS: HOW A TRIAL ENDS
        • Settlement
          • Out of court settlement between parties
          • Settlement upon court’s approval
        • Full trial on merits of the case
      • LEGAL ANALYSIS: CONSTITUTION
        • Only court can interpret Constitution
        • Court may strike down a statute or agency regulation if unconstitutional
      • LEGAL ANALYSIS: STATUTE
        • Canon 1: “Any ambiguity? If not, end of story”
        • Canon 2: “If ambiguous, does the interpretation of statute give effect to the legislative intent?”
      • LEGAL ANALYSIS: INTERPRETATION OF STATUTE
        • Problems
          • Two canons may be conflicting each other
          • Legislative intent might not be clearly given
      • LEGAL ANALYSIS: AGENCY REGULATION
        • Great deference to agency’s interpretation
        • “ Whether the agency's [regulation] is based on a permissible construction of the statute [to give effect to the legislative intent.]” Chevron v. NRD. 467 U.S. 837 (1984)
      • LEGAL ANALYSIS: COMMON LAW
        • Common law: case law made by judges over time
        • Stare decisis: You must follow if precedent binds
          • Binding precedents: Higher court decision within controlling jurisdiction
          • Persuasive precedent: Decision made in other jurisdictions; not binding
      • LEGAL ANALYSIS: COMMON LAW
        • How to use a case in favor of you
          • If it supports: Analogize the case
          • If not: Distinguish the case
      • AMERICAN LEGAL SYSTEM
        • Each of three branches have unique function in the law making system (all three make some law)
        • Federal & state system (trial + appellate + highest)
        • Criminal & civil cases have different standards
      • AMERICAN LEGAL SYSTEM
        • Jurisdiction: A court’s power to hear cases
        • Anatomy of court proceedings: Complaint  answer  discovery  settle or trial
        • Legal analysis: How to interpret U.S. Constitution, statute, agency regulation, case law